General terms and conditions of sale
The sale of the Products displayed on this Website is regulated by the following General Terms and Conditions of Sale, which must be known and accepted before making a purchase.
The Products purchased on the Website www.lyria.it are sold directly by the company Lyria spa with registered office in Italy, Montemurlo (59013 - PO), Via Venezia n. 30/32, (tax code and VAT number 01905190979), hereinafter also referred to as Lyria or the Seller, which can be contacted at the e-mail address firstname.lastname@example.org or at the contact details at the following link.
Index of Contents
Formulating the purchase proposal in guest mode or creating a user account
Account usage rules
Prices, shipping costs, taxes and duties
Methods of payment
Shipping and delivery
Product warranties and conformity
Competent court and applicable law
Changes and updates
Information on the right of withdrawal
Website or the Site: this is the Website www.lyria.it, through which the Seller organizes and carries out the distance selling of its products.
General Terms and Conditions of Sale also known as the "Terms and Conditions": this contract regulates the distance selling, through this Website, of Lyria brand products and contains the terms and conditions that regulate it.
Invitation to offer: these general terms and conditions technically constitute an "invitation to offer", which the Seller addresses to the Client/Proponent; the latter, if interested in one of the Products offered, shall send a Purchase Proposal to Lyria, which, having positively evaluated the existence of a series of conditions - which shall be listed below - shall send the Client the acceptance of the Proposal. Only at that moment can the contract be considered concluded.
Contract of sale: this is the contractual agreement that is concluded when the Seller accepts the Order Proposal formulated by the Customer, by sending a communication to the e-mail address indicated by the latter.
Seller: Lyria spa, from now on also referred to as Lyria.
Customer or Consumer: is the natural person, over 18 years of age, who is acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out, making Order Proposals for the purchase of products displayed on this Website.
User: the person who accesses and navigates this Website without making a Purchase Offer.
Product: the goods sold by Lyria spa, including the packaging.
Purchase Order Proposal or also Purchase Proposal or Proposal: is the contract proposal that the Consumer makes to the Seller, through this Website.
Summary of the Proposal: the communication sent by the Seller to the e-mail address of the Consumer, containing the summary of the Purchase Proposal.
Product Sheet: the page of this Website where the graphic design of the Product, its description, characteristics and price are shown; it is an essential and integral part of these Terms and Conditions of Sale.
Order Confirmation: communication sent by the Seller to the Customer's e-mail address, containing acceptance of the Contract Proposal and the General Terms and Conditions.
User Account: profile created by the User, containing the information provided by the latter.
Guest: the Customer who makes a Purchase Proposal without creating an Account.
Shopping Cart: page summarizing the products selected and subject of the Purchase Proposal.
Courier: the courier or couriers identified by the Seller and responsible for the delivery of the Products.
Lyria reserves the right not to accept Purchase Proposals that do not comply with its commercial policy, such as, for example, Proposals that are reported or suspected to be fraudulent or illegal. In such cases, the Seller shall inform the Customer of the rejection of the Order Proposal.
All the Purchase Proposals sent to the Seller and returns made by Customers must correspond to normal consumption needs, therefore Lyria monitors the number of Proposals sent and returns made.
Formulating the purchase proposal in guest mode or creating a user account
In order to make a Purchase Proposal, the User may either authenticate theirself by creating a personal Account or proceed in Guest mode. In both cases, the Website will request a series of personal data (personal details, contact details and other information) required to complete the procedure. For further information, please consult our policy on the processing of personal data, which can be found at this link.
When a Personal Account is created, the aforementioned information may be stored and made available for subsequent authentication of the User. In case of Guest access, on the other hand, the data will be stored only to complete the purchase procedure of the individual Product and for contractual and accounting purposes related to the purchase.
When completing the registration and/or Guest access procedure, the User agrees to follow the instructions on the Website and to provide their personal data in a correct and truthful way. Lyria is exempt from any responsibility regarding the data provided by the User. If the User communicates inaccurate or incomplete data, the Purchase Proposal or the shipment will be suspended until the User communicates correct and complete data.
Account usage rules
If the User wishes to create their own Account, they must choose credentials - username and password - which will enable their electronic identification and future access.
The password must meet security requirements and must therefore consist of at least 8 characters, at least 1 capital letter, 1 special character and 1 number.
The User agrees to keep their access credentials to the Website confidential and not to allow third parties to access their Account without permission.
The User is solely responsible for their own access credentials and for the use of their Account, even if their credentials are stolen and/or their Account is accessed abusively.
Users who violate these Terms and Conditions or any other law will have their access credentials removed.
For security reasons, the system will request a password change every 6 months.
Registered Users may delete their Account at any time.
In order to complete the order through the Website, the Customer must place the Product(s) chosen in the Shopping Cart and send the Seller, electronically, a Purchase Proposal by filling out the form available on the Website at the following link and following the relevant instructions.
The Customer will be guided step by step in the choice of Products and in the formulation of the Purchase Proposal.
The Product sheets contain the following elements:
images of the Product (which may not correspond to the real ones, with regard to colours and finishes, due to the different Internet browsers and/or monitors used for viewing);
name and detailed description of the proposed Product;
indication of all the essential characteristics of the Product (e.g. composition, colours, dimensions, place of manufacture);
suggestions of any similar Products;
the price inclusive of taxes.
The chosen Product will be placed in the Shopping Cart, which gives the Customer a summary containing:
the main characteristics of the Product
the selected quantity;
the total price of the Product, including taxes and shipping, delivery or postal charges and any other cost that can be quantified in advance. If such costs cannot reasonably be calculated in advance, the Seller shall inform the Customer that, in any case, the aforementioned costs shall be borne exclusively by the latter;
the possibility of entering a promotional code that the Customer may have;
the choice to proceed to checkout with Paypal.
Once the "Proceed with checkout" button has been selected, the Customer will be directed to a guided procedure to confirm the Purchase Proposal, divided into 4 sections:
Section I - personal information
In this section the User will see:
a summary of the information already present in the Shopping Cart;
the possibility of entering a promotional code
a form for their personal data (title, first name, surname, e-mail), with the possibility of registering and creating an Account, indicating a password to access it;
the possibility to subscribe to the newsletter.
Section II - Addresses
In this section the User, if they are Guest, shall enter their shipping and/or billing addresses (if different), as well as their identification data.
If the User has previously created an Account, this section will show the data already entered and, if necessary, the possibility to modify them.
Section III - Shipping methods
By clicking on the "Continue" button, the Customer will be redirected to the page illustrating the shipping methods, where they can choose between different methods and find for each method the cost (including taxes and duties) and the approximate delivery time, as well as an indication that the cost of returning the goods, in case of withdrawal, shall be borne by them.
On the same page, the Customer can fill in an appropriate form to make special requests to the Seller or tick the option to receive the Product in a gift package.
Section IV - Payment methods
After clicking on the "Continue" button, the Customer will be directed to the payment methods page, where he can choose between using Paypal or credit card.
After receiving all the information described above, the Customer must accept these General Terms and Conditions of sale and click on the "Order with an obligation to pay" button, if they decide to proceed with the forwarding of the purchase order. In this way, the Customer will be directed to the platform of the chosen payment system, where he must indicate the data required by Paypal or the bank that manages the electronic payment instruments.
The User can always correct any errors in data entry before submitting the Proposal, using the functions activated by the Seller. At the end of the process, the system will electronically forward the Purchase Proposal, which will bind only the Customer.
The Proposal will be archived on our systems for the time necessary to process it and, in any case, not beyond the legal terms. Users who have created their own Account will have the possibility to consult the personal area of their profile.
After sending the Proposal, the Customer shall receive, at the e-mail address provided, a communication containing a summary of the order and a confirmation that the Seller has correctly received the Proposal. The receipt of the aforementioned communication does not constitute acceptance of the Proposal made by the Client. The price for the purchase of the Products and the shipping costs, as indicated in the order proposal, will be charged only when the Products are shipped.
The Contract of Sale is considered concluded when the Seller notifies the Customer, by e-mail, the Order Confirmation and the successful shipment of the Products. This notification will also contain a link to the general terms and conditions and the information on withdrawal.
The Seller has the right not to accept the Customer's purchase proposal, if this does not give sufficient guarantees of solvency or it is incomplete or incorrect, or in case of unavailability of the Products or excessive onerousness in the execution of the order. In these cases, Lyria will communicate the non-conclusion of the contract.
Prices, shipping costs, taxes and duties
The prices of all the Products on sale are indicated in Euros and include Italian taxes and duties.
Before placing the order, the Customer may choose between several types of shipment, the price of which will be commensurate with the delivery time and expressly indicated in the choice phase.
The costs associated with specific existing taxes or duties in the country of destination, or for customs duties and tariffs, cannot be quantified in advance by the Seller and remain therefore expressly on charge of the Customer, who is obliged to bear them in order to receive the Product purchased.
The Seller cannot be held responsible in any way for non-delivery of the Product due to Customer's intention not to pay duties and tariffs imposed by the customs authorities of the Product's destination country.
Similarly, the Customer is responsible for any taxes, shipping taxes, duties and customs fees that may be applied to shipments made to return the purchased Product to the Seller, according to the right of withdrawal or contractual termination.
Methods of payment
For payment of the price of the Products and the relative shipping and delivery costs, the Customer may choose to pay by credit card or PayPal. In no case will costs be charged higher than those actually incurred by the Seller, in relation to the payment method chosen.
In case of payment by credit card, the financial information (for example, the credit/debit card number or the date of its expiry) shall be forwarded, via encrypted protocol, to operators who provide the relative remote electronic payment services, without third parties having any access thereto in any way.
The price for the purchase of the Products and the shipping costs, as indicated in the order proposal, will be charged only when the purchased Products are shipped.
If it is not possible to charge the price owed by the Customer, it will not be possible to conclude the contract and the order will be cancelled.
The invoice is sent together with the Communication of order confirmation.
|Worldwide||40€ for orders below 299€ / free for orders above 299€|
The Seller shall dispatch the Products once the order has been confirmed and payment for the same has been successfully made.
In the communication of Order Confirmation the Customer will receive an order number to follow all the steps of the shipment, also through their Account.
The Products will be delivered by the Courier to the shipping address indicated by the Customer at the time of filling out the Purchase Proposal.
The Seller will make the delivery without undue delay, within the time provided by law, making every reasonable commercial effort. The deadline indicated at the time of the order cannot in any case be considered essential in relation to the delivery of any product.
Without prejudice to any other rights recognised by these General Terms and Conditions and by the applicable Laws, the Customer shall have the right to cancel the order and receive a refund of the price paid if the Seller, due to their own negligence, is unable to deliver the Product within the term provided by Law.
In case of non-delivery of the Product, for reasons attributable to the Customer, it will be returned to the Seller who will charge the Customer the costs incurred for storage and shipping.
Lyria shall have the right to terminate the contract, withholding the sums by way of further costs incurred.
In general, the Seller shall not be liable in any way for non-deliveries due to Customer's omissions, including non-payment of taxes, duties and customs tariffs applicable in the country of destination, which shall be borne exclusively by the Customer.
The Seller discharges its obligation to deliver the Products at the time when the availability of the Products is transferred to the Customer, who at the same time also bears the risk of loss or damage.
Product warranties and conformity
As provided for by the existing regulations, all the Products sold to Consumer Customers are covered by the legal guarantee of conformity for a duration of two (2) years from the delivery of the goods. Since the discovery of the defect, the Customer may report it to the Seller within two (2) months from the discovery. The provisions of Title III, Chapter I of Legislative Decree no. 206/2005 (Consumer Code) shall apply.
In the presence of conformity defects, the Consumer shall have the right to request the repair or replacement of the Product. In the event that such remedies are not possible or are excessively onerous, the Consumer shall have the right to a reduction of the price paid or to the termination of the sale contract (art. 130 of the Consumer Code).
The essential characteristics of the Products sold on Lyria's Website are described within each product sheet. The images and colours of the Products presented may however not correspond to the real ones due to the effect of the Internet browsers and/or monitors used.
Lyria's Products are unique handcrafted pieces, made with a production process that guarantees their authenticity and originality, and are by their nature subject to imperfection. Any discrepancies in the design or colours of the purchased Product, compared to the model presented in the product sheet, do not affect its functionality and image, and cannot therefore be considered defects or lack of conformity pursuant to the Consumer Code, as these discrepancies are merits that highlight its uniqueness, high quality and craftsmanship.
The Seller shall not be liable in any way for any non-fulfilment or delay of any of the obligations assumed with the Contract of Sale, where these result from events of force majeure not attributable to Lyria.
In the absence of proof to the contrary, the following events shall be presumed to be events of force majeure, i.e. beyond the reasonable and possible control of the Seller: (i) war (whether declared or not), hostilities, invasion, acts of a foreign enemy, extensive military mobilisation; (ii) civil war, riot, rebellion, revolution, military or usurped power, insurrection, acts of terrorism, sabotage or piracy; (iii) currency or trade restrictions, embargo, sanctions; (iv) acts of the authority, whether lawful or unlawful, compliance with laws or governmental orders, regulations, expropriation, confiscation of property, requisitioning, nationalisation; (v) plague, epidemic, natural disasters or extreme natural events; (vi) explosion, fire, destruction of equipment, prolonged suspension of transport, telecommunications or energy; (vii) generalised social conflicts, such as in particular boycotts, strikes and lock-outs, work-to-rule, occupation of factories and buildings.
If a force majeure event should occur and affect the performance of the Seller's obligations under the Contract, the Customer shall be contacted as soon as possible in order to notify them of the circumstance. Lyria's obligations under the Contract shall be suspended and the time limits for their fulfilment shall start again once the force majeure event has ceased.
If the force majeure event lasts for more than sixty (60) days, Customer and Seller shall be entitled to request termination of the contract by notifying the other party within ten (10) days.
Competent court and applicable law
Without prejudice to the application of the mandatory regulations of European derivation for the protection of the Consumer, the present general terms and conditions of sale are interpreted and regulated by Italian law and in particular by the Civil Code, the Consumer Code and Legislative Decree no. 70/2003.
For any dispute that may arise in relation to what is indicated in the present general terms and conditions or with reference to the purchases concluded by a Consumer through the Lyria Website, the Italian jurisdiction shall be applied and the competent Court shall be the Court of the place in which the Consumer has the domicile or residence according to the applicable law or, at their choice, the Court of Prato.
In any case, the rights that may be attributed to the Customers by mandatory provisions of law in force in the country of residence of the latter shall not be affected.
These General Terms and Conditions of Sale may be subject to changes, also with regard to the changes in the applicable legislation. The conditions, applicable to each individual purchase, will be those published on the Seller's website on the date the Purchase Proposal is formulated.
For further information and assistance on the Website and on the methods of online purchase, the Customer can contact the Seller at the following addresses:
Lyria spa, Via Venezia n. 30/32, Montemurlo (59013 - PO), Italy.
The Consumer has the right to withdraw from the Contract, without having to provide any reason and without any penalty, within fourteen (14) days from the receipt of the Products, purchased on the present Website by the Consumer, or a third delegated party. If the Consumer has made the purchase of more than one Product in a single order, but this order has been delivered separately, the fourteen (14) days shall start from the day in which the Consumer, or a third party delegated by the same, has received the last Product.
The Consumer must inform the Seller, within the term indicated above, of the decision to withdraw from the Contract by means of an explicit declaration (to be sent by post, or by email, to the contact details available at the following link).
To this end, the Consumer may use the withdrawal form available at the following link, although this is not mandatory. In order to respect the withdrawal term, it is sufficient that the communication concerning the exercise of the right of withdrawal is sent before the expiration of the fourteen (14) days.
The Consumer has the burden of proving the proper and timely exercise of the right of withdrawal.
Purchased Products must be delivered to the Courier or to the Seller's offices in any other way, within fourteen (14) days from the date on which the Consumer has communicated the will to withdraw from the Contract.
The Products must not have been used or washed, must have the identification tag still attached, must be in their original packaging and must not be damaged. If the Product shows signs caused by handling the goods other than what is necessary to establish the nature, characteristics and functioning of the same, the Consumer shall be responsible for the relative decrease in value and the Seller shall have the right to retain an amount equal to the decrease in value suffered by the goods.
Once the Consumer has returned the Products and all the requirements for this return have been met, the Seller shall send a communication confirming the acceptance of the return and shall proceed to refund all of the payments received by the Consumer, including the delivery charges, without undue delay and in any case within fourteen (14) days from the date on which the Seller is informed of the Consumer's decision to withdraw from the contract. This refunds shall be made using the same means of payment used by the Consumer for the initial transaction, in the same currency used for the debit, unless the Consumer has expressly agreed otherwise and on condition that they do not have to sustain any cost as a consequence of the refund.
The costs for the return of the goods shall be borne by the Consumer, including those for taxes, duties and customs tariffs that may be applied by the destination country and that cannot be calculated in advance.
The additional shipping costs shall also be borne by the Consumer, if they have expressly chosen a type of delivery other than the least expensive type offered by the Seller.
This policy constitutes an integral and substantial part of the General Terms and Conditions of Sale.